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Legislative Proposals Introduced that Would Alter how KS Lawyers Advertise and Contract with Clients

Tuesday, February 11, 2020   (1 Comments)
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On Monday, Feb. 10, two (2) legislative proposals were introduced that would alter how Kansas lawyers advertise and contract with clients. These proposals deal specifically with contingency fee contracts and legal advertising.

The legal advertising proposal would require any solicitation, thru television, radio, internet, newspaper, outdoor display or any other written communication, to abide by specific restrictions.

To review the language of this proposal please:

Click to View


The contingency fee proposal would limit the fee an attorney could earn in personal injury, wrongful death or damage to property cases. The proposal mandates that the contingency fee contract could not exceed ( 1) 33.3% of the first $300,000; (2) 25% of the next $300,000; (3) 20% of the next $300,000; (4) 15% of the next $300,000; and (5) 10% of any amount that exceeds $1,200,000.

A claimant may waive these fee schedule but only after being advised by the attorney that the claimant may seek other counsel who would be willing to adhere to the statutorily imposed fee schedule. A fee schedule waive must be in writing and contain the following information:

"I UNDERSTAND THAT THE FEE SCHEDULE SET FORTH IN THE KANSAS STATUTES ANNOTATED LIMITS THE AMOUNT OF ATTORNEY FEES PAYABLE BY A CLAIMANT AND THAT THE STATUTE WAS INTENDED TO INCREASE THE PORTION OF THE JUDGMENT OR SETTLEMENT THAT WAS ACTUALLY RECEIVED BY A CLAIMANT. NOTWITHSTANDING THAT THE LEGISLATIVE INTENT IN ENACTING THE FEE SCHEDULE WAS TO CONFER A BENEFIT ON A CLAIMANT LIKE MYSELF, I KNOWINGLY AND VOLUNTARILY WAIVE THE FEE SCHEDULE IN THIS CLAIM OR CIVIL ACTION."

If the claimant agrees to the waiver, the contingency fee contract shall not exceed 33.3%.

To review the language of this proposal please:

Click to View


Should you wish to comment on either of these two proposals, please send emails to info@ksbar.org by 5:00 p.m. on Friday, February 14.

Comments...

Robert R. Hiller Jr says...
Posted Wednesday, February 12, 2020
As a former member of KTLA for many years, I know that Dave Rebein and Callie Denton will have some good comments on one or both of these proposals.